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	United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Bavin v NHS Pensions Agency & Anor [1999] UKEAT 1211_98_2909 (29 September 1999) URL: http://www.bailii.org/uk/cases/UKEAT/1999/1211_98_2909.html Cite as: [1999] UKEAT 1211_98_2909

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APPEARANCES

 

For the Appellant	MS L COX QC Instructed By: Mr R Karim Legal Officer Justice 59 Carter Lane London EC4V 5AQ


 


MR JUSTICE MORISON (PRESIDENT): I have been asked for leave to appeal in relation to a judgment which was delivered on 19 August 1999 in connection with a complaint by a transsexual, who claims discrimination in relation to the pension position under the NHS Pension Scheme.

1. We dismissed the appeal for the reasons given in the judgment. It is clear that this is an important case affecting fundamental human rights.
2. We did not feel able to accede to Ms Cox's submission that we should take a bold approach, but it may be that the Court of Appeal will feel differently, and it is obviously right, I think, that leave to appeal should be given.
3. It would be unfortunate, clearly, if having given leave, the appeal was to be an idle one through lack of funding and, although this will be a matter entirely for them, if the EOC were to consider this case in the light of the leave that has been granted, it may be that they will be prepared to support the appeal, if that is appropriate and is within their statutory duties.